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(영문) 인천지방법원 2020.11.11 2020고단7545

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On March 28, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Incheon District Court Branch of the Incheon District Court as a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 24, 2020, at around 06:32, the Defendant driven an Eststun vehicle while under the influence of alcohol concentration of about 0.208% at the 100-meter section before the former D parking lot up to the road located in Gyeyang-gu Incheon Metropolitan City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (the filing of summary orders with the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The Defendant re-driving a motor vehicle even though he/she had a record of being punished for a drunk driving twice.

The blood alcohol concentration measured is very high.

The favorable circumstances: The same criminal power is before 12 years.

In addition to the above crimes, there is no power to commit crimes.